Summary

In this section, you have learned about related rights, also referred to as neighbouring rights, or more specifically “rights neighbouring on copyright”. The purpose of related rights is to protect the legal interests of certain persons or organizations who contribute to making the works available to the public or those who add creative, technical or organizational skill. Traditionally, related rights have been granted to three categories of beneficiaries: performers, producers, and broadcasters. The need for legal protection of these three groups

was identified in the Rome Convention in 1961 which was an attempt to establish international regulations in a new field where few national laws already existed. In other words, most States would normally have to draft and enact laws before adhering to the Convention. The Rome Convention, although imperfect and in need of revision, is still the only international benchmark for protection in this field. Like copyright, the Rome Convention and

national laws do contain limitations on rights allowing for private use, use of short excerpts, and use for teaching or scientific research.The duration of protection of related rights, as stated in the Rome Convention, is 20 years from the end of the year (1) the recording is made; (2) the performance took place; (3) the broadcast took place. Conservatory or provisional measures refer to the remedies for infringement or violation of related rights.

These include civil remedies, criminal sanctions, measures to be taken at the border and measures, remedies and sanctions against abuses in respect of technical devices.

The newest treaty in the field of related rights, the WPPT, increased the scope of protection of the rights of performers and phonogram producers by venturing into the "digital age" with protections designed as regards the exploitation of protected works in digital form, including over the Internet. It is important to note that related rights may also serve to protect the largely unwritten and unrecorded cultural expression of many developing countries. Protection of related rights has become part of a much larger picture and is a necessary precondition to participate in the emerging system of international trade and investment.

Legislative Texts:

• Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations

• TRIPS Agreement

• WIPO Performances and Phonograms Treaty (WPPT)

• Brussels Convention Relating to the Distribution of Programme- Carrying Signals Transmitted by Satellite